A dispute between a company of property developer and investor Michael O’Flynn and Dún Laoghaire-Rathdown Council over a refusal of planning permission for a €75m residential development in south Dublin will be heard by the Commercial Court in May.

O’Flynn Capital Partners (OFCP), which Mr O’Flynn founded, has sought a judicial review of the council’s July 31 refusal for 164 residential units at Beech Park, Bray Rd, Cabinteely/Loughlinstown.

The case was mentioned before Mr Justice Brian McGovern at the Commercial Court yesterday. The judge fixed the hearing of the dispute for May 3.

OFCP’s plan involves the demolition of 11 dwellings and the construction of a 158m section of the Druid’s Glen Rd linking to the N11. It also involves the provision of up to 30m of the Druid’s Glen Rd Bridge.

Mr O’Flynn claims the potential sales value of the developed land should well exceed €75m. It will also create around 100 full-time construction jobs. The land was acquired for over €12m.

Planners refused permission on grounds including that the development failed to provide a “high-quality, site-specific design response” in relation to layout, ecology, and landscape design.

It would seriously injure the amenities or depreciate the value of property in the vicinity and was contrary to proper planning and is not consistent with the Cherrywood Planning Scheme in regard to its design and sequencing, says the council.

Mr O’Flynn says the refusal of permission for the part of the Druid’s Glen Rd which traverses OFCP’s land “will likely pose significant difficulties” for the delivery of any development in the area.

Until issues raised by his legal proceedings are resolved, he says it seems likely none of the development proposed for a 36-acre area within the Cherrywood scheme could be built, including one residentially-zoned area which could provide up to 543 units.

There is no provision for an appeal to An Bord Pleanála because the development is located within the planning scheme area.


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